LEGISLATION

Members of the California Assembly and Senate have approved legislation to facilitate the review and expungement of past marijuana convictions.

Assembly members approved the bill, AB 1793, by a vote of 43 to 28, while members of the Senate passed the measure by a vote of 28 to 10. The legislation now awaits final action by Democrat Gov. Jerry Brown.

If enacted, the measure “would require the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA (the Adult Use Marijuana Act).” Prosecutors would have up to a year to then expunge the conviction.

Regulators estimate that some 220,000 cases would be eligible for erasure or a reduction under the law.

To date, district attorney offices in a number of California cities and counties, including San Francisco and San Diego, have voluntarily moved to review and expunge past cannabis convictions.

Elected officials in Oregon and Massachusetts have enacted similar expungement laws following the enactment of adult use legalization.

If you reside in California, you can encourage Gov. Brown to sign AB 1793 into law by clicking here.

Just a few weeks after Delaware NORML made the trek down to Washington DC, Senator Tom Carper (D-DE) cosponsored The Marijuana Freedom and Opportunity Act (S. 3174), far-reaching legislation that would end the federal prohibition of marijuana and provide resources to expunge the criminal records of those who suffer the collateral consequences of a possession charge.

Given the public support for outright legalization in Delaware has regularly polled with over 60% support in the First State and across the country, public support is in the low to mid 60 percent range, Senator Carper’s new-found commitment to reform represents another important mile-marker on the highway to victory.

As states continue moving forward with ending their war on marijuana consumers, it is important that those who were impacted by this oppressive prohibition are able to see previous harms remedied, and be provided the opportunity to participate in the benefits that come along with legalization and regulation. Crucial aspects of the Marijuana Freedom and Opportunity Act include funding to provide record expungements, funding for small entrepreneurs through the Small Business Administration paid for by the taxes on the existing industry, and other provisions.

With the addition of Senator Carper, there are now 10 Senators on the Marijuana Freedom and Opportunity Act and 13 out of 100 Senators are declared in support of descheduling legislation (including the Marijuana Justice Act). An additional 7 Senators support of the States Act, which would create an exemption in the Controlled Substances Act to protect states that have reformed.

This is in contrast to the last congressional session when there was only one bill to deschedule marijuana from the CSA, introduced by Senator Bernie Sanders which none of his colleagues had the foresight to cosponsor.

At the state level, North Dakota’s secretary of state’s office determined that activists collected enough signatures to qualify a far-reaching marijuana legalization initiative for the November ballot. The campaign behind one Missouri medical cannabis initiative filed lawsuits seeking to block two other measures from appearing on the ballot.The measure sets no limits on possession amounts or plant counts.

New Jersey’s Senate president said lawmakers are close to agreeing on a final draft of a marijuana legalization bill and that a vote could happen next month. The Oklahoma legislature’s medical marijuana working group heard concerns from law enforcement at a meeting and Utah lawmakers met in an interim committee to discuss medical cannabis issues.

At a more local level, activists in Nelsonville, Ohio are submitting new petitions for a proposed marijuana depenalization ballot measure after errors were identified with their first attempt and activists in Fremont, Ohio qualified a marijuana depenalization measure for the November ballot. The Sacramento, California City Council approved an equity plan intended to let people impacted by the war on drugs participate in the legal cannabis industry.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

House Bill 20-178 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands, and would also allow medical marijuana and industrial hemp. HB 20-178 was re-introduced by Rep. Joseph P. Deleon Guerrero (R-Saipan) after amending SB 20-62 by Sen. Sixto K. Igisomar (R-Saipan) since the latter’s bill had revenue-generating sections that led to procedural issues. The bill was already approved by the House earlier this month.

Update: The bill is expected to unanimously pass and could be on Gov. Ralph DLG Torres’ desk before the year ends.

Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was already approved by the Assembly earlier this year.

Update: AB 1793 was heard by the Senate Appropriations Committee again on 8/16, and approved by the committee with a 5-2 vote.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions. The bill was already approved by the Senate earlier this year.

Update: SB 829 was approved by the Assembly Appropriations Committee with a 12-0 vote on 8/16.

Today, Congressman Charlie Crist held a press conference to announce the introduction of the Fairness in Federal Drug Testing Under State Laws Act, HR 6589.

The bipartisan bill would explicitly bar federal agencies from discriminating against workers solely because of their status as a cannabis consumer, or due to testing positive for marijuana use on a workplace drug test.

“Medical marijuana is an issue of compassion, and in the veterans’ community, access is even more important as more and more veterans are turning to cannabis to address chronic pain and PTSD. At the same time, the federal government is the largest employer of veterans; however, private cannabis use even in states that have legalized medical marijuana is prohibited in these positions,” said Congressman Charlie Crist (D-FL). “Our bipartisan bill would protect federal employment for those in compliance with their state’s cannabis laws. Because our veterans shouldn’t have to choose between treatment options or job opportunities.”

“The time for the federal government to end the practice of arbitrarily discriminating against current and potential workers for marijuana consumption is now,” said NORML Political Director Justin Strekal. “With 47 states having reformed their cannabis laws to be in direct conflict with the federal Controlled Substances Act, individuals acting in compliance with state law should not be denied the opportunity to serve their country as public servants.”

Enacted in 1986, the Federal Drug-Free Workplace Program made it a condition for employment that all civilian employees at executive branch agencies be prohibited from using federally illegal substances on or off duty. Medical marijuana is currently legal in 31 states, D.C., Puerto Rico, and Guam, and46 states have some form of medical marijuana law; however, it remains illegal under federal law. Therefore, federal employees can be denied employment or terminated due to testing positive for marijuana metabolites, even if their use is in compliance with state law. This conflict between state and federal laws limits treatment options and federal employment opportunities, particularly impacting veterans who compriseapproximately one-third of the federal workforce and whose medical cannabis use to treat chronic pain and PTSD has been found to bedouble the rate of the general public. A recentAmerican Legion poll found that one in five veterans use marijuana to alleviate a medical condition.

Changes in the legal status of marijuana at the state level have not negatively impacted workplace safety. In fact, a pair of studies from 2016 find that the legalization of medical marijuana access is associated with greater workforce participation and with fewer workplace absences. Most recently, the National Academies of Sciences just-released marijuana and health report found “insufficient evidence” to support an association between cannabis use and occupational accidents or injuries.

The Fairness in Federal Drug Testing Under State Laws Act prohibits marijuana metabolite testing from being used as the sole factor to deny or terminate federal employment for civilian positions at executive branch agencies if the individual is in compliance with the marijuana laws in their state of residence.

The bill only extends to an individual’s past, private use of cannabis, and does not prohibit probable cause testing if an individual is believed to be impaired at work.

The bill does not apply to individuals occupying or seeking a position requiring a top-secret clearance.

Congressman Charlie Crist (D-FL) and Congressman Drew Ferguson (R-GA) filed a new bill in the US House of Representatives this week to shield federal employees from being fired for marijuana use that is legal in the state in which they live.

The Oklahoma Board of Health reversed course this week and revoked their previous set of proposed rules that went against the intent of SQ 788, which voters approved in the June special election. This reversal comes shortly after the state’s Attorney General warned health officials that they “acted in excess of their statutory authority” when they amended State Question 788. These new rules now go to Governor Fallin’s desk, she has 45 days to approve or reject them. As a reminder, the proposed rules remove the ban on the retail sale of herbal cannabis, eliminate the requirement that dispensaries hire state-licensed pharmacists, and no longer mandate that women of childbearing age undergo a pregnancy test prior to receiving a medical cannabis recommendation.

Missouri’s secretary of state certified that three separate medical cannabis initiatives have enough signatures to appear on the November ballot. The Missouri Constitution specifies that if conflicting initiative measures appear on the same ballot, the one which receives the most votes will prevail. It is likely that all three of these measures will have the support of a majority of the voters. Two are constitutional amendments and the third is a statutory initiative.

New York Gov. Andrew Cuomo (D) formed a working group to draft marijuana legalization legislation for the legislature to consider in 2019. And Hawaii regulators convened a working group to address employment issues for medical cannabis patients as well as edibles manufacturing.

Also at the state level, about half of the medical cannabis dispensaries in Pennsylvania began selling medical cannabis in herbal form to registered patients, and the other half are anticipated to do the same this coming week. And Rhode Island medical cannabis dispensaries began serving out-of-state patients.

At a more local level, Manhattan’s district attorney announced that his office will no longer prosecute marijuana use or possession.

The Racine, Wisconsin City Council is considering placing a marijuana legalization advisory question on the November ballot, and similarly, the Eau Claire County, Wisconsin Administration Committee voted to advance consideration of marijuana advisory ballot questions. The Oregon, Ohio City Council placed a marijuana depenalization measure on the November ballot, but a proposed Nelsonville, Ohio marijuana decriminalization measure did not qualify for the November ballot.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Cannabis Criminalization: Senate Minority Leader Chuck Schumer introduced legislation, the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Senate Bill 20-62 seeks to legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

Update: The House of Representatives sent SB 20-62 back to committee on 8/1, but will soon introduce its own version of the legislation that should solve procedural issues around it being a revenue generating measure.

Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

Update: AB 1793 will be heard by the Senate Appropriations Committee on 8/6 at 10am in the John L. Burton Hearing Room.